Allahabad High Court
SACHIN @ GOLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the applicant is entitled to bail, subject to conditions, despite the seriousness of the POCSO charge.
Summary
The High Court of Allahabad considered a bail application filed by Sachin @ Golu, who was arrested in connection with a case under Sections 137(2), 87, 65(1) of the B.N.S. and Sections 3/4(2) of the POCSO Act, alleging sexual intercourse with a minor girl aged about 15 years. The applicant claimed he was falsely implicated, asserted that the victim had consented and was in a matrimonial alliance with him, and argued that there was no reliable age verification beyond a Class VIII certificate. The State opposed bail, emphasizing the victim’s minority and the seriousness of the offence. The Court, taking into account the lack of incriminating material, the applicant’s clean record, the overcrowding of jails, and Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v State of U.P., and the Policy Strategy for Grant of Bail judgment), decided that bail should be granted without commenting on the merits. The bail was ordered with a personal bond, two sureties, and specific conditions, and the order directed verification of identities and prompt release through the Bail Order Management System.
Issues considered
- What is the appropriate decision on bail for an accused charged under the POCSO Act when the alleged victim is a minor but claims consent?
- Does the lack of conclusive age verification and absence of incriminating material justify granting bail?
- How do Supreme Court precedents on bail and jail overcrowding influence the bail decision in such cases?
Legislation cited
Subjects
- bail
- POCSO
- minor
- consent
- age verification
- overcrowded jails
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28361 of 2026
Sachin @ Golu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rahul Kumar, holding brief of Shri Saurabh Pathak, learned
counsel for the applicant and Shri Jai Kishan Chaurasia, learned State
Law Officer for the State and perused the record. At the very outset,
learned State Law Officer submits that the notice has been served on the
first informant.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 152 of 2026, under Sections 137(2),
87, 65(1) of B.N.S. and Section 3/4(2) of POCSO Act, Police Station
Ajeetmal, District Auraiya, during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that on perusal
of the statement of the victim recorded under Sections 180 and 183
BNSS, it appears that she is a consenting party and she had entered into
matrimonial alliance with the applicant with her free consent. It is further
submitted that the age of the victim has been found to be 15 years and 8
months as per certificate of Class VIII, however, there is no certificate of
high school or certificate of school first attended and no radio-logical
examination has been conducted for her age determination. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 07.06.2026, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
BAIL No. 28361 of 2026
2
the trial proceedings.
4. Per contra, learned State Law Officer has vehemently opposed the
prayer for bail and it has been submitted by him that that the victim is a
minor girl aged about 15 years and 10 months as per certificate of Class
VIII.
5. As per first information report, the applicant is said to have enticed
away the daughter of the first informant aged about 15 years, however,
the victim has been recovered and on perusal of the statement of the
victim recorded under Sections 180 and 183 BNSS, it appears that she is a
consenting party and she had entered into matrimonial alliance with the
applicant with her free consent. It is further submitted that the age of the
victim has been found to be 15 years and 8 months as per certificate of
Class VIII, however, there is no certificate of high school or certificate of
school first attended and no radio-logical examination has been conducted
for her age determination. It is further submitted that the applicant is
having no criminal history and the applicant has been languishing in jail
since 07.06.2026.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Sachin @ Golu involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court concerned,
with the following conditions:-
BAIL No. 28361 of 2026
3
(i) The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Auraiya via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 9, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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